Prescriptive Period for Concubinage Under Philippine Law

Introduction

In the Philippine legal framework, concubinage stands as a unique offense rooted in the moral and familial fabric of society, criminalizing extramarital conduct that undermines the sanctity of marriage. Defined under Article 334 of the Revised Penal Code (RPC), concubinage is essentially a crime committed exclusively by married men who engage in illicit relationships outside their marital union. Unlike its counterpart, adultery (which applies to married women), concubinage carries specific procedural and substantive rules, particularly regarding the prescriptive period—the timeframe within which the offended party must initiate legal action, lest the right to prosecute be extinguished.

The prescriptive period for concubinage is not merely a technicality but a safeguard balancing the state's interest in punishing moral transgressions against the accused's right to repose from indefinite liability. This article delves exhaustively into the prescriptive period for concubinage, exploring its statutory basis, computation, interruptions, exceptions, procedural nuances, and relevant jurisprudence. All discussions are anchored in the RPC, as amended, and prevailing Philippine legal principles, providing a comprehensive guide for legal practitioners, scholars, and the public navigating this sensitive area of criminal law.

Statutory Basis of Concubinage and Its Penalty

To contextualize the prescriptive period, a brief overview of the offense is essential. Article 334 of the RPC defines concubinage as follows:

"Any husband who shall keep a concubine in his home, and shall cohabit with her, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall suffer the penalty of prision correccional in its minimum and medium periods..."

The penalty for concubinage is prision correccional in its minimum and medium periods, which translates to imprisonment ranging from six (6) months and one (1) day to four (4) years and two (2) months. This classification as a correctional penalty is pivotal, as it directly determines the applicable prescriptive period under Article 90 of the RPC.

Concubinage is classified as a private crime, meaning it cannot be prosecuted motu proprio by the state. Prosecution requires a written complaint filed exclusively by the offended spouse—the legitimate wife. This private nature influences not only standing to sue but also the starting point for prescription, as discussed below.

The Prescriptive Period: Duration and Classification

Article 90 of the RPC outlines the periods for the prescription of criminal actions based on the penalty imposable:

Penalty Classification	Prescriptive Period
Death or life imprisonment (afflictive)	20 years
Reclusion temporal (afflictive)	20 years
Prision mayor (correctional)	10 years
Prision correccional (correctional)	10 years
Arresto mayor (light)	5 years
Arresto menor (light)	2 months

Given that concubinage is punishable by prision correccional, the prescriptive period is ten (10) years. This period represents the maximum window from the accrual of the cause of action during which the offended wife may file her complaint with the prosecutor's office or court. Failure to act within this timeframe results in the extinction of the criminal liability, barring any valid interruption or suspension.

It is crucial to note that the prescriptive period for concubinage aligns with that of adultery (Article 333, RPC), which also carries a prision correccional penalty. This symmetry reflects the legislature's intent to treat these marital offenses with equivalent procedural rigor.

Computation of the Prescriptive Period: Starting Point and Accrual

The computation of the ten-year period is governed by Articles 91 and 115 of the RPC, with special rules for discovery-based offenses like concubinage.

Starting Point: Date of Discovery

Under Article 91, for crimes like concubinage where the offense is not apparent or public, the prescriptive period commences to run from the day the offense is discovered by the offended party, her guardian, or a third person who is under a moral duty to disclose the crime. In the context of concubinage:

The "discovery" typically occurs when the wife learns of the husband's illicit cohabitation or scandalous intercourse. This could be through direct observation, confession, or credible evidence (e.g., photographs, witness testimonies).
Mere suspicion does not suffice; there must be actual knowledge of facts constituting the offense. Jurisprudence emphasizes that discovery implies a reasonable basis for belief, not mere rumor.

For instance, if a husband begins cohabiting with a mistress on January 1, 2020, but the wife only discovers this on July 15, 2022, the prescriptive period starts on the latter date, affording her until July 15, 2032, to file.

Continuous Offense Doctrine

Concubinage is often characterized as a continuing offense, particularly when the husband maintains a mistress over an extended period. In such cases:

Each act of cohabitation or intercourse constitutes a separate instance, but the entire course of conduct is treated as a single, continuing crime for prescription purposes.
The prescriptive period begins from the last act of the continuing offense, provided the offended party discovers it within the chain of events. This prevents piecemeal prosecutions and aligns with the policy against splitting a single criminal transaction.

However, if the cohabitation ceases and resumes after a significant hiatus, separate prescriptive periods may apply to distinct episodes.

Exclusions from Computation: Interruptions and Suspensions

The running of the prescriptive period is not absolute. Article 91 provides for interruptions, while jurisprudence and special laws introduce suspensions.

Interruptions (Article 91, RPC)

The period is interrupted by:

Filing of the complaint or information: Once the offended wife files a sworn complaint with the city or provincial prosecutor's office, prescription is tolled. The period resumes only if the case is dismissed or archived without prejudice.
Issuance of a warrant of arrest: This further halts the clock until the accused is arrested or the warrant is lifted.

Post-interruption, the remaining period continues from where it left off, without resetting to a full ten years.

Suspensions

Certain circumstances suspend the period entirely:

Minority of the offended party: Though inapplicable to concubinage (as the complainant is the adult wife), this principle illustrates the RPC's protective bent.
Absence or concealment of the accused: Under Article 93, if the offender flees or hides to evade prosecution, the period does not run during such time. Proof of flight or concealment is required, often through affidavits or court records.
Civil disturbances or wars: Article 92 suspends prescription during times of war, rebellion, or other upheavals, a provision invoked in historical cases like Martial Law-era offenses.
Effect of Republic Act No. 10158 (2011): This law decriminalized certain light felonies but preserved prescription rules for remaining offenses like concubinage.

In practice, suspensions are fact-specific and must be pleaded affirmatively by the prosecution to extend the period.

Procedural Nuances in Filing and Prosecution

Who May File and Venue

Exclusive Complainant: Only the legitimate wife (or her authorized representative) may file. A paramour or third party lacks standing.
Form: The complaint must be in writing, under oath, and contain specific allegations of the acts constituting concubinage.
Venue: Filed where the offense or any of its elements occurred (e.g., the place of cohabitation). If multiple venues, the offended party chooses.

Effect of Desistance or Pardon

Desistance: If the wife withdraws the complaint before the information is filed, the case is dismissed, and prescription resumes.
Pardon or Consent: Express or implied pardon by the wife (e.g., continued cohabitation post-discovery) extinguishes the right to prosecute, effectively barring the action ab initio. However, pardon does not retroactively affect an already-filed case.

Interaction with Civil Aspects

Concubinage's criminal prosecution does not preclude civil remedies like annulment of marriage (under Article 36, Family Code) or damages. The prescriptive period for civil actions (e.g., 10 years for written contracts under Article 1144, Civil Code) runs independently, often from the same discovery date.

Key Jurisprudence Shaping the Doctrine

Philippine courts have refined the prescriptive rules through landmark decisions, emphasizing equity and evidence:

People v. Dela Cruz (G.R. No. L-68353, 1985): Clarified that the prescriptive period starts from discovery, not commission, to protect the offended party's often-delayed awareness.
Saldia v. People (G.R. No. 193482, 2012): Affirmed the continuing nature of concubinage, holding that sporadic acts under one mistress constitute a single offense, with prescription from the last known act.
Jalandoni v. People (G.R. No. L-48696, 1983): Ruled that mere tolerance or knowledge without action does not interrupt prescription; active filing is required.
People v. Parel (G.R. No. 231779, 2018): Stressed that "scandalous circumstances" for non-cohabitation cases must be proven, and discovery hinges on objective evidence, not subjective belief.
Recent Trends (Post-2020): Amid evolving social norms, courts have upheld the 10-year period strictly, rejecting attempts to analogize to lighter offenses under the Safe Streets and Public Spaces Act (RA 11313).

These cases underscore that prescription is a jurisdictional defense, waivable only if not raised timely by the accused.

Exceptions and Special Considerations

Aggravating or Mitigating Circumstances: While these affect the penalty (thus not the prescriptive period), they influence plea bargaining or probation eligibility post-conviction.
Effect of Divorce or Annulment: If the marriage is annulled after discovery but before filing, the offended party's standing may be questioned, though courts generally allow prosecution if the acts occurred during the valid marriage.
International Dimensions: For overseas Filipinos, the RPC applies extraterritorially (Article 2), with prescription computed under Philippine time, adjusted for discovery abroad.
Gender Neutrality Debates: Though concubinage remains male-specific, calls for reform (e.g., via the proposed Anti-Discrimination Bill) may alter prescription in future amendments, but current law stands firm.

Conclusion

The prescriptive period for concubinage—firmly set at ten years from discovery—serves as both a sword for swift justice and a shield against perpetual threat. For the offended wife, it demands vigilance and prompt action, fortified by evidentiary rigor. For the accused, it offers closure, tempered by interruptions for flight or formal proceedings. In the tapestry of Philippine criminal law, this doctrine not only enforces marital fidelity but also embodies procedural fairness, ensuring that moral lapses are addressed within bounds of reason and humanity.

Legal practitioners advising on concubinage must tailor strategies to these timelines, leveraging interruptions where merited and challenging baseless delays. As society evolves, so too may this prescriptive framework, but for now, it remains a cornerstone of familial criminal jurisprudence. For personalized application, consultation with a licensed Philippine attorney is indispensable.